The websites and the services offered by CoinflyerX are NOT addressed to persons who have their registered office or place of residence in the United States of America. CoinflyerX does not accept registrants from the USA.
This Terms of Service (“Agreement”) is a binding contract between you, an individual user (“you”), and CoinflyerX (“we,” “us” or “our”), and governs your use of any website that links to these terms, including [https://www.coinflyer.com/] (and all related subdomains) (“Site”).
BY ACCESSING OR USING THE SITE SUCH AS BY SIGNING UP FOR AN ACCOUNT, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT ACCESS OR USE THE SITE.
If you are accessing the Site on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User” (defined in Section 1.a) and “you” in this Agreement will refer to the Organization.
You should be aware that the risk of loss in trading or holding cryptoassets can be substantial. You should therefore carefully consider whether trading or holding cryptoassets is suitable for you in light of your financial condition.
1.1. In General. The following services are available on the Site ("Services"):
1.2. Eligibility. To be eligible to use the CoinflyerX Services, you must be at least 18 years old, meet our Know-Your-Client (KYC) and identity verification requirements, as well as additional conditions we may require in the future.
2.2. Know Your Client (KYC) and Identity Verification. You agree to provide us with the information we request for the purposes of KYC and identity verification and detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information.
You will need to complete certain verification procedures before you are permitted to use the CoinflyerX Services and your access to one or more CoinflyerX Services and the limits that apply to your use of the CoinflyerX Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, and in some cases information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.
You authorize us to inquire, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further CoinflyerX Services and/or before permitting you to engage in transactions beyond certain volume limits.
2.3 Access. To access the CoinflyerX Services, you must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet. The CoinflyerX Services can be accessed directly using the CoinflyerX Site.
2.4. Tiered Level Systems and Procedures. CoinflyerX uses tiered-level systems and procedures to collect and verify information about you in order to protect CoinflyerX and the community from fraudulent users, and to keep appropriate records of CoinflyerX's customers. Your access to one or more CoinflyerX Services, and limits including daily or weekly Conversion limits, CoinflyerX Pro deposit, withdrawal and trading limits, Currency Wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to CoinflyerX. CoinflyerX may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any CoinflyerX Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page.
You may submit a request at support [@] coinflyer.com to request larger limits. CoinflyerX will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and CoinflyerX does not guarantee that we will raise your limits.
3.1. In General. The Cryptoasset Exchange Service enables you to buy or sell Cryptoasset using CoinflyerX’s protocol trading platform.
3.2. Authorisations; Reversals; Cancellations. By clicking or tapping the "Buy" or "Sell" button on the CoinflyerX Site, you are authorising CoinflyerX to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion and Exchange Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending.
3.3. Deposit Recovery Policy. In some blockchains such as EOS and Stellar, it is required to attach a memo in order for the exchange to be able to correctly identify your deposit. If the memo is omitted or contains a typo, your account will not be immediately credited. In these cases, please notify our support team so they may manually credit your account. A ten percent (10%) manual recovery charge will be deducted from the deposit in case the cryptoassets are successfully recovered.
4.1. Hosting. CoinflyerX may host Token Generation Event or Initial Coin Offering through CoinflyerX’s proprietary TGE Sales Tool to facilitate token offerings.
4.2. Special Wallet. As part of the TGE Hosting services, CoinflyerX may enable a special wallet for the client through a customizable wallet page.
4.3. Duration. The duration of the TGE / ICO through CoinflyerX’s platform will vary according to agreed special terms and conditions, extendible as may also be mutually agreed upon by the parties.
4.4. Escrow Requirement. In certain instances, CoinflyerX may reserve the right to require the Client to send the tokens raised via CoinflyerX to an escrow account. While on escrow, the tokens raised shall remain secure and intact until the TGE is marked complete, either through all the TGE tokens being sold out, or after achieving soft cap, or if the TGE reaches its completion date.
4.5. Best Efforts. CoinflyerX shall work on a “best efforts basis” in rendering the TGE / ICO hosting services. Client hereby agrees and acknowledges that CoinflyerX shall not be liable in case the TGE fails to achieve its soft cap or hard cap targets or if the tokens are stolen without fault or gross negligence on the part of CoinflyerX.
5.1. In General. Your CoinFlyer Cryptoasset Wallet enables you to send cryptoassets to, and request, receive, and store cryptoassets from, third parties by giving instructions through the CoinflyerX Site (each such transaction is a "Cryptoasset Transaction").
5.2. Cryptoasset Transactions. We will process Cryptoasset transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other party. Cryptoasset Transactions cannot be reversed once they have been broadcast to the relevant Cryptoasset network.
If you initiate a Cryptoasset Transaction by entering the recipient's email address and the recipient does not have an existing CoinflyerX Account, we will invite the recipient to open a CoinflyerX Account. If the recipient does not open a CoinflyerX Account within 30 days, we will return the relevant Cryptoasset to your Cryptoasset Wallet. Once submitted to a Cryptoasset network, a Cryptoasset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Cryptoasset network. A Cryptoasset Transaction is not complete while it is in a pending state. Cryptoasset associated with Cryptoasset Transactions that are in a pending state will be designated accordingly, and will not be included in your Cryptoasset Wallet balance or be available to conduct Cryptoasset Transactions.
We may charge network fees (miner fees) to process a Cryptoasset Transaction on your behalf. We will calculate the network fee in its discretion, although we will always notify you of the network fee at or before the time you authorize the Cryptoasset Transaction.
We may refuse to process or cancel any pending Cryptoasset Transaction as required by law or any court or other authority to which CoinflyerX is subject in any jurisdiction.
5.3. Supported Cryptoassets. Our Cryptoasset services are available only in connection with those cryptoassets that CoinflyerX supports, and this may change from time to time. Under no circumstances should you attempt to use your Cryptoasset Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Cryptoasset that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Cryptoasset Wallet for digital currencies that we do not support.
If you have any questions about which cryptoassets we currently support, please visit support [@] coinflyer.com.
5.4. Cryptoasset Storage & Transmission Delays. We securely store Cryptoasset private keys, which are the means by which you can securely approve a Cryptoasset Transaction. We securely store private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Cryptoasset Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Cryptoasset Transaction.
5.5. Third Party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of CoinflyerX Cryptoasset Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Cryptoasset transferred using the CoinflyerX Cryptoasset Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify CoinflyerX Support at support [@] coinflyer.com so that we may consider what action to take, if any.
5.6 Advanced Protocols. Unless specifically announced on the CoinflyerX Site or other official public statement of CoinflyerX, we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Cryptoasset we support (collectively, "Advanced Protocols"). You should not use your CoinflyerX Account or CoinflyerX Pro account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions. You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
5.7. Operation of Cryptoasset Protocols. We do not own or control the underlying software protocols which govern the operation of cryptoassets supported by CoinflyerX. Usually the underlying protocols are open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols relating to any Cryptoasset you store in your Cryptoasset Wallet may change.
5.8. Forks. In particular, the underlying protocols are likely to be subject to sudden changes in operating rules such as in the case of forks, and such forks may materially affect the value, function, and/or the name of the Cryptoasset you store in your Cryptoasset Wallet. Where possible, we may provide you with notices or alerts on forks and you must read such notices or alerts received from us in order that you may consider how to deal with upcoming forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
6.1. In General. We may offer you the opportunity to receive Cryptoasset at no cost via token airdrop (“Airdrop”), subject to the terms described in this Agreement. The Cryptoasset is delivered by us to you, but is manufactured, offered and supported by the network creator or developer, if any, and not by CoinflyerX.
6.2. Airdrops are Free. There is no purchase necessary to receive cryptoassets in an Airdrop. However, you must have a User Account. CoinflyerX does not charge a fee for participation in the Airdrop Program, although we reserve the right to do so in the future and shall provide notice to you in such event.
6.3. Special Terms. Each Airdrop may be subject to special terms displayed in the Services and marked with an asterisk (*).
6.4. Limited Supply. An offer to receive Cryptoasset in an Airdrop is only available to you while supplies last. Once the amount of Cryptoasset offered by CoinflyerX in an Airdrop is exhausted, any party who has either been placed on a waitlist, or has completed certain additional steps, but not yet received notice of award of Cryptoasset in such Airdrop, shall no longer be eligible to receive Cryptoasset in that Airdrop. CoinflyerX reserves the right, in our sole discretion, to modify or suspend any Airdrop requirements at any time without notice, including the amount previously advertised as available.
6.5. Eligibility. In some instances, you may not be eligible to receive Cryptoassets from an Airdrop in your particular jurisdiction. Further, if you have multiple Wallets or accounts with CoinflyerX, you are only eligible to receive Cryptoasset from an Airdrop in one Wallet and for one User Account.
6.6. Notice of Award. If you are selected to receive Cryptoasset in an Airdrop, you will be provided written notice of the pending delivery of such Cryptoasset. Eligibility may be limited as to time. We are not liable to you for failure to receive any notice associated with the Airdrop Program due to change in your contact information that was not updated by you prior to such time as the notice was delivered by us to you.
6.7. Risk Relating to Airdrop Program. You are solely responsible for researching and understanding the Cryptoasset network subject to the Airdrop. You may not rely on any of our representations concerning the foregoing.
6.8. Disclaimer. We are not your legal or tax advisor and that you should consult your own attorney, financial advisor, tax advisor or accountant as to the legal, financial, tax, accounting, or other related implications prior to participating in an Airdrop. We make no guarantees whatsoever as to title, functionality or value of the Cryptoasset subject to the Airdrop.
7.1. In General. As valued added service to supported Token Generation Events and listed tokens, CoinflyerX provides a bounty platform to enable the posting or announcement of various bounty programs offered by token projects.
Site participants may consist of those who post tasks to CoinFlyer Bounty (individually a “Poster,” collectively the “Posters”); those who fulfill tasks (individually a “Hunter” or collectively the “Hunters”); and those who interact with the CoinflyerX site but do not post or fulfill tasks (a “Visitor,” Posters, Hunters, and Visitors collectively referred to as “Users”). CoinFlyer Bounty serves as a registration portal, product offering, and an overview of the various bounty services that allows Posters to fund and post tasks for Hunters to resolve.
7.2. Poster Undertaking. As a Poster, you agree that: (a) you will interact with Hunters in a professional and courteous manner, and accurately describe your task; (b) you may only use the Site for business, commercial, or research purposes; (c) you may not have Hunters perform tasks through venues other than the Site; (d) payment will be issued and remitted to Hunters upon the your approval of task; (e) payment is not refundable; (f) you will not reject tasks performed by Hunters without good cause; and (g) you will not post a task that violates any part of this Agreement.
7.3. Hunter Undertaking. As a Hunter, you agree that: (a) you will interact with Posters in a professional and courteous manner, and provide reasonably requested information in connection with your performance of tasks; (b) you will perform tasks in a competent and workmanlike manner; (c) you will supply complete, accurate, non-malicious information for all tasks you perform; (d) you will not perform tasks through venues other than the Site; (e) you will not submit anything to Poster that violates the Terms of this Agreement; and (f) Posters may reject tasks you perform for good cause and currently there is no way for a Hunter to dispute any rejection of a submission made through the Site, meaning you may not be paid if a Poster rejects your submission.
7.4. Restrictions on Use. You may not use, or encourage others to use, CoinFlyer Bounty for any illegal, harmful, fraudulent, infringing, or objectionable activities. Below is a non-exhaustive list of prohibited activities:
8.1. Transactions Limits. The use of all CoinflyerX Services is subject to a limit on the amount of volume you may transact or transfer in a given period. Your transaction limits may vary depending on your risk profile, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at support [@] coinflyer.com.
8.2. Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with CoinflyerX staff (such process, "Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance. In our discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence
9.1. In General. We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorized (b) suspend, restrict, or terminate your access to any or all of the CoinflyerX Services, and/or (c) deactivate or cancel your CoinflyerX Account with immediate effect for any reason, including but not limited to:
9.1.1. We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;
9.1.2. We reasonably suspect you of acting in breach of this Agreement;
9.1.3. We have concerns that a transaction is erroneous or about the security of your CoinflyerX Account or we suspect the CoinflyerX Services are being used in a fraudulent or unauthorized manner;
9.1.4. We suspect money laundering, terrorist financing, fraud, or any other financial crime;
9.1.5. If your credit or debit card or any other valid payment method linked to your Cryptoasset Wallet is declined;
9.1.6. Use of your CoinflyerX Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
9.1.7. You take any action that may circumvent our controls such as opening multiple CoinflyerX Accounts or abusing promotions which we may offer from time to time.
9.2. Notice. If we refuse to complete a transaction and / or suspend or close your CoinflyerX Account, or terminate your use of CoinflyerX Services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your CoinflyerX Account we will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the CoinflyerX Services and/or deactivate or cancel your CoinflyerX Account, without reason by giving you two months notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your CoinflyerX Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
9.3. Termination. On termination of this Agreement, unless prohibited by applicable law or by any court or other order to which CoinflyerX is subject in any jurisdiction, you may transfer Cryptoasset and/or your Cryptoasset Wallet(s) for ninety (90) days thereafter.
9.4. KYC / Identity Verification. If we suspend or close your account, or terminate your use of CoinflyerX Services for any reason, we reserve the right to require you to complete the procedures for Know Your Client / Identity Verification before permitting you with transfer or withdraw Cryptoasset.
9.5. Cancellation. You may cancel your CoinflyerX Account at any time by withdrawing all balances and visiting https://www.coinflyer.com/settings/cancel. You will not be charged for cancelling your CoinflyerX Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
10.1. In General. You agree and understand that there are risks associated with utilizing Services involving Cryptoassets including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your public and private keys. You agree and understand that CoinflyerX will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
10.2. No Control on Blockchain Network. You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that CoinflyerX has no control over any blockchain network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
10.3. Substantial Risk of Loss. The risk of loss in using Services involving Cryptoassets may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
10.4. Developing Regulations. Cryptoassets are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around cryptoassets is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
10.5. Unauthorized and Incorrect Transactions. Where a cryptoasset transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and in any case no later than two (2) months after the relevant transaction occurred, either by email free of charge at support [@] coinflyer.com or by phone on [insert number here if any] (international call charges may apply). It is important that you regularly check your balance and your transaction history to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this clause.
11.1. Release of CoinflyerX. If you have a dispute with one or more users of the CoinflyerX Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
11.2. Indentification. You agree to indentify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
11.3. Limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section. For the avoidance of doubt the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
11.4. Liability cap. Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Cryptoasset on your Cryptoasset Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.
11.5. Limitation of loss. In addition to the liability cap above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
11.5.1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Cryptoasset at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;
11.5.2. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
11.5.3. any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Cryptoasset price data; any error or delay in the transmission of such data; and / or any interruption in any such data;
11.5.4. any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and/or
11.5.5. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
11.6. Error in Transaction. Where a transaction is made incorrectly (e.g. through our error) we shall refund to you the amount of that transaction without undue delay and restore your account to the state in which it would have been had the transaction not have taken place, although we will endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any incorrect or incomplete transaction. Irrespective of our liability, on your request, we shall try to trace any incorrect or incomplete transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
11.7. Fraud or Negligence. If you are fraudulent or you intentionally or negligently fail to carry out your obligations under this Agreement, you will be liable for all resultant losses incurred by you or us.
11.8. Applicable Law. The limitation of liability in this clause is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the CoinflyerX Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor's negligence.
11.9. No Warranties. The CoinflyerX services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the CoinflyerX Site, any of the CoinflyerX Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy or completeness of historical Cryptoasset price data available on the CoinflyerX Site.
11.10. Safety and Security of Computer and Devices. CoinflyerX is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. CoinflyerX customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes. Always log into your CoinflyerX Account through the CoinflyerX Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
11.11. No Liability for Breach. We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
12.1. Contact CoinflyerX. If you have any feedback, questions, or complaints, contact us at CoinflyerX Customer Support, support [@] coinflyer.com.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your CoinflyerX Account, and the transaction on which you have feedback, questions, or complaints.
12.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Complaints officer ("Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by CoinflyerX. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond CoinflyerX's control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
12.3. Offers. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any fault, mistake or negligence.
12.4. Arbitration. Any dispute exceeding £5,000 (or EUR 5,500) arising out of or in connection with this Agreement (a "Dispute") shall be referred to and finally resolved by arbitration under the Arbitration Rules of the London Court of International Arbitration ("LCIA"), which are deemed to be incorporated by reference into this clause. The tribunal shall consist of a sole arbitrator, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of the arbitration shall be London, England. The language to be used in the arbitration proceedings will be English. Any award of the tribunal shall be binding from the day it is made, and the parties hereby waive any right to refer any question of law and any right of appeal on the law and/or merits to any court. Judgment on the award rendered by the tribunal may be entered in any court of competent jurisdiction.
The arbitration fees due to LCIA for any Dispute will be shared between CoinflyerX and the User. If you prevail on any claim for which you are legally entitled to legal fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, CoinflyerX will seek to have you pay its legal fees if your claim was frivolous.
The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized Users or beneficiaries of the CoinflyerX Services. Nothing in this clause shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. If any provision of this clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12.5. Claims. You agree to use the complaints procedure set out at Section 9.2 of this Agreement before contacting the LCIA. You agree to refer a Dispute to the LCIA in accordance with this Agreement respectively before filing any claim in a competent court. If you do not follow the procedures set out in this clause before filing a claim in a court, we shall have the right to ask the court to dismiss your filing unless and until you complete the steps outlined above.
13.1. In General. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the CoinflyerX Services. Accordingly, you represent and warrant that:
13.1.2. your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
14.1. In General. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your CoinflyerX Account and your use of CoinflyerX Services. These Communications include:
14.1.2. Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
14.1.3. Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
14.1.4. Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the CoinflyerX website, emailing them to you at the primary email address listed in your CoinflyerX profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
14.2. Withdrawing Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at support [@] coinflyer.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, CoinflyerX reserves the right to immediately close your Account or charge you additional fees for paper copies
14.3. Updating your Information. It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if CoinflyerX sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, CoinflyerX will be deemed to have provided the Communication to you.
15.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the CoinflyerX Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the CoinflyerX Site or Content is expressly prohibited and all other right, title, and interest in the CoinflyerX Site or Content is exclusively the property of CoinflyerX and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "CoinflyerX.com", "CoinflyerX", and all logos related to the CoinflyerX Services or displayed on the CoinflyerX Site are trademarks or registered marks of CoinflyerX or its licensors. You may not copy, imitate or use them without our prior written consent.
15.2. Website Accuracy. Although we intend to provide accurate and timely information on the CoinflyerX Site, the CoinflyerX Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the CoinflyerX Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the CoinflyerX Site.
15.3. Third-Party Applications. In order to access CoinflyerX Services users are required to provide an email address and create a password. CoinflyerX offers second factor authentication via a user's mobile device (Short Message Service, SMS, or a supported Time-based One Time Password, TOTP, application). A verified phone number is required to enable second factor authentication via SMS. Users are responsible for keeping electronic devices through which CoinflyerX Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the CoinflyerX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user's CoinflyerX Account by third-parties and the loss or theft of Cryptoasset and/or funds held in your CoinflyerX Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s). Users must keep security details safe at all times. CoinflyerX strongly recommends the use of password and second factor protected password managers to safeguard login credentials and Personal Identification Numbers, PINs, and/or biometric authentication features to safeguard second factor generating mobile devices.
15.4. Prohibited and Conditional Use. In connection with your use of the CoinflyerX Services, and your interactions with other users and third parties, you agree to comply with the CoinflyerX Policy on Prohibited Use, Prohibited Businesses and Conditional Use.
15.5. Export Controls & Sanctions. Your use of the CoinflyerX Services and the CoinflyerX Site are subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Cryptoasset through the CoinflyerX Site or CoinflyerX Services, you agree that you will comply with those requirements. You are not permitted to acquire Cryptoasset or use any of the CoinflyerX Services through the CoinflyerX Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, United Nations sanctions, Her Majesty’s Treasury's financial sanctions regime (a "Sanctioned Country"), or if you are a person on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or the HM Treasury's financial sanctions regime (a "Sanctioned Person"); or (2) you intend to supply any acquired or stored Cryptoasset or CoinflyerX Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
15.6. Amendments. We will notify of you any change to the Agreement relating to Services by email at least two (2) weeks in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Services. If you do not accept the change, the Agreement will terminate at the end of the two-week notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-week notice. We may make all other amendments to the Agreement by posting the revised Agreement on the CoinflyerX Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your CoinflyerX Account and cease using the CoinflyerX Services.
15.8. Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or CoinflyerX to be treated as the agent of the other.
15.9. Privacy of Others; Marketing. If you receive information about another user through the CoinflyerX Services, you must keep the information confidential and only use it in connection with the CoinflyerX Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the CoinflyerX Services.
15.10. Password Security. In order to access CoinflyerX Services you will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which you access CoinflyerX Services safe and maintaining adequate security and control of any and all security details that you use to access the CoinflyerX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorized access to your CoinflyerX Account by third-parties and the loss or theft of any Cryptoasset and/or funds held in your CoinflyerX Account and any associated accounts. You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
15.11. Security Breach. If you suspect that your CoinflyerX Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or CoinflyerX (together a "Security Breach"), you must notify CoinflyerX Support as soon as possible by email free of charge at support+trust@CoinflyerX.com or by calling us on [insert contact number here] (international charges may apply) and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
15.12. Contact Information. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach).
15.13. Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the CoinflyerX Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your CoinflyerX Account.
15.14. Unclaimed Property. If we hold Cryptoasset, and we are unable to contact you and have no record of your use of the CoinflyerX Services for several years, applicable law may require us to report the Cryptoasset as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Cryptoasset to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
15.15. Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and CoinflyerX.
15.16. Interpretation. Headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
15.17. Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving CoinflyerX, provided that this transfer or assignment does not materially impact the quality of the CoinflyerX Services you receive.
15.18. Security Interests. You must not create security over your Cryptoasset stored in CoinflyerX unless we approve the same in writing.
15.19. Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision of this Agreement.
15.20. Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
15.21. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
15.22. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, CoinflyerX Account cancellation, debts owed to CoinflyerX, general use of the CoinflyerX Site, disputes with CoinflyerX, and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.
15.23. Governing Law and Jurisdiction. This Agreement will be governed by English law and the non-exclusive jurisdiction of the English courts.
I. Prohibited Use
You may not use your CoinflyerX Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of CoinflyerX Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at support [@] coinflyer.com.
By opening a CoinflyerX Account, you confirm that you will not use your Account to do any of the following:
II. Prohibited Businesses
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from CoinflyerX Services ("Prohibited Businesses"). The specific types of use listed below are illustrative, but not an exclusive list of prohibited businesses. If you are uncertain as to whether or not your use of CoinflyerX Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at support [@] coinflyer.com.
By opening a CoinflyerX Account, you confirm that you will not use CoinflyerX Services in connection with any of following businesses, activities, practices, or items:
III. Conditional Use
Express written consent and approval from CoinflyerX must be obtained prior to using CoinflyerX Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at support [@] coinflyer.com. CoinflyerX may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use CoinflyerX Services in connection with any of following businesses, activities, or practices:
By opening a CoinflyerX Account, you confirm that you will not use your Account to do any of the following:
CoinflyerX. Copyright 2018.